The purpose of this document is to establish and regulate the terms for use of www.h10hotels.com web pages (hereinafter "Web"), Web being understood to be all the pages and their contents property of Corporación H10 Hotels, S.L. which are accessed through the domain www.h10hotels.com and its sub-domains.
By means of this web, Corporación H10 Hotels, S.L. (hereinafter "H10 HOTELS") plans to offer information to its customers and potential customers, manage the customer loyalty program, manage room bookings, as well as any other service considered at any time suitable to correctly pursue its corporate purpose.
The use of this page, as well as of the services that it provides to the user, implies full acceptance, without any reserves, of each and every one of the general conditions included in this Legal Notice (hereinafter the "general conditions") and so the user should be aware of the importance of reading them each time the he/she visits the Web. The mere fact of accessing this Web implies knowledge and acceptance of the following general conditions to which end H10 HOTELS recommends that the user prints them or uploads them to be read each time that he/she accesses this Web.

GENERAL INFORMATION

The proprietor of the www.h10hotels.com Web is Corporación H10 Hotels, S.L. with registered head office in Barcelona, C/ Numància, 185, 1º; inscribed in the Company Register of Barcelona, Tome 32.136, Folio 27, Sheet number B-201.867, inscription 13 and holder of tax identification code B62116942.

USE OF THE WEB

By accepting these general conditions the user agrees to use this Web and the services it provides in the way, and in the form, established herein. The user is obliged not to use the Web and its services for illicit purposes and/or purposes contrary to those established in these General Conditions, which could damage the rights and/or interests of third parties or which could in any way damage or impede its correct operation or that of the services now offered herein or which could be offered in the future.

SCOPE OF THE WEB. RESPONSIBILITY OF THE USER

This web site includes the page www.h10hotels.com.
Access to this Web is the sole responsibility of the user. Any risks derived from the use of the Web by the user will be his/her sole and exclusive responsibility. H10 HOTELS shall not be responsible for any possible damage or prejudice which could be derived from interference, omissions, interruptions, computer virus, failure or disconnection of the telephone line during the operation of this electronic system, produced by causes not attributable to H10 HOTELS; of delays or blockage in the use of this electronic system caused by deficiencies or overloads in the Data Processing Centre, telephone lines, the Internet or other electronic systems; nor of any damage that may be caused by third parties by means of illegitimate intromissions outside the control of H10 HOTELS.
Furthermore, H10 HOTELS is exonerated from any responsibility for any damage or prejudice that could be suffered by the user as a result of errors, defects or omissions, in the information made available by H10 HOTELS provided it proceeds from outside sources.

UPDATING AND MODIFICATION OF THE INFORMATION

The information that appears on this Web is accurate on the date of the last update. H10 HOTELS reserves the right to update, edit or eliminate information from this Web, and may limit, or refuse access to the site.
H10 HOTELS reserves the right to make whatever changes and modifications are considered necessary at any time, and may exercise this right at any time and without previous warning.

CONTENTS

H10 HOTELS makes every possible effort to prevent any errors in the contents that may appear on this Web. However, H10 HOTELS makes no guarantee, nor accepts responsibility for any consequences that could be derived from errors in contents provided by third parties that may appear on this Web.
H10 HOTELS may not be held responsible in any way for the contents, commercial activities, products and services which are made available and which may be displayed, either directly or indirectly, by links if any, and when any, that are included in this Web.
H10 HOTELS reserves the right to prevent or prohibit access to the Web of any Internet user who introduces in this Web any content contrary to legal or moral standards, reserving the right to take whatever legal actions considered appropriate to prevent this type of behavior.

BROWSING, ACCESS AND SECURITY

H10 HOTELS makes every effort to ensure that browsing takes place in the best possible conditions and prevents damage of any type that could occur during browsing.
H10 HOTELS accepts no responsibility for damage, of any type, that may be caused to users by the use of browsers or versions other than those for which this web has been designed.
H10 HOTELS accepts no responsibility nor guarantees that access to this Web will not be interrupted or that it is error free. Neither does it accept responsibility or guarantee that the content or software that may be accessed through this Web is error free or not cause damage.

PROTECTION OF DATA

H10 HOTELS informs users of this Web that H10 HOTELS complies with current legislation in regard to protection of data and specifically with Organic Law 15/99, of December 13, for protection of data of personal character, as well as the terms for its application, adopting to this effect, the technical and organizational measures required to prevent the loss, incorrect use, alteration, unauthorized access and theft of any personal details provided, if applicable, through the Web, taking into account the state of the technology, the nature of the data and the risks to which it is exposed.
In the event of the user being required to provide data of personal character when making use of the services that H10 HOTELS offers on this Web, H10 HOTELS -in compliance with current legislation- shall duly inform the user of his/her rights and ask for express and explicit consent for processing any data of personal character.

COMMUNICATIONS BY E-MAIL

If you have not finished a reservation online, we may email you a reminder to continue with your reservation. We believe that this additional service is useful to you because it allows you to carry on with a reservation without having to search for the accommodation again or fill in all the reservation details from scratch.

INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT

H10 HOTELS declares that unless indicated otherwise on the Web, the texts, images, illustrations, designs, icons, photographs, video clips, sound clips and other material found on the Web, as well as all and any other intellectual creations and/or inventions or scientific and technical discoveries, whatever their business or industrial application (hereinafter collectively called the "Content") have been created or invented by H10 HOTELS or ceded, licensed, transmitted or authorized by their owners or and/or concessionaries.
The User agrees not to delete or alter any distinctive sign used on the Web, such as, with illustrative and not limiting character, trademarks, commercial names (graphs, logotypes, etc.), copyright and other data identifying the rights of H10 HOTELS or of third parties included on the Web...
Equally the property of H10 HOTELS are all rights over any works, inventions, discoveries, patents, ideas, concepts, updates and improvements related to the Web, its systems, applications and programs, or the services that H10 HOTELS provides, and which are created, produced, developed or put into practice for the first time by H10 HOTELS, whether this be by themselves or with the aid of users of the Web, during or as result of any design, development or any other task carried out in accordance with a contract.
The user may not use the name nor the brands, symbols, logos or distinctive signs property of H10 HOTELS without express consent in writing.
In the event that any user or third party consider that any contents included on the Web imply a violation of author rights or other rights for the protection of intellectual property, please notify us at the following address: H10 HOTELS, Legal Dept., c/ Numància 185, 1ª 08034 Barcelona.

GOVERNING LAW AND JURISDICTION

The Terms of Use included in this Legal Agreement are governed by Spanish law. H10 HOTELS as well as the users of the Web are in agreement that any dispute that may arise as a result of the interpretation, compliance and/or execution of these terms shall be the express competence of the jurisdiction of the competent Judges and Courts of Barcelona, with express waiver of any other corresponding jurisdiction.

General terms

General Conditions of the Club H10 Programme

1. PURPOSE OF THE CLUB H10 PROGRAMME

The purpose of the Club H10 programme is to establish a permanent promotion campaign based on the participants earning points. The points will be exchangeable for accommodation, services and merchandising articles offered by H10 Hotels.

2. REGISTRATION AND PARTICIPATION IN THE PROGRAMME

2.1 Any person over the age of 18 residing in Spain or in any country where the participation in loyalty programmes is not prohibited may register in the Club H10 programme.

2.2 Registration in the Club H10 programme is free.

2.3 To be part of Club H10 you must hand in the Subscription Application in one of H10 Hotels during your stay. This application form must be carefully filled out and signed. You may also subscribe on the Website: www.h10hotels.com and www.clubh10.com. You cannot subscribe over the phone.

2.4 H10 Hotels reserve the right to admit or refuse any registration in the Club H10 programme without further explanation.

2.5 The membership will be confirmed during the client’s first stay in one of H10 Hotels.

2.6 The card identifies the client as a member and entails the acceptance of the programme’s conditions.

2.7 Each member of Club H10’s programme will receive the official Club H10 card during her/his first stay (except in our hotels in Cuba).
If the hotel cannot provide the card, the member will receive it during her/his second stay in any other H10 Hotel.

2.8 The card is the property of H10 Hotels and must be returned in the event that H10 Hotels request it. The cardholder is responsible for keeping and using it correctly.

2.9 In the case of damage, theft or loss of the card, Club H10 must be requested directly in the hotel where member will be going to stay the next time (except in our hotels in Cuba).

2.10 The scope of the programme may be modified at any time without prior written notice.

3. EARNING POINTS

3.1 Points are awarded for stays in H10 Hotels after registering in the programme as follows:

40 H10 points per person / night in a 5***** hotel.

30 H10 points per person / night in a 4**** hotel.

20 H10 points per person / night in a 3*** hotel.

100 welcome points for becoming a member of the programme will be added to her/his account during her/his first stay in one of H10 Hotels or straight after becoming a member on the Website www.clubh10.com

Points for extra services purchased in the hotels: Food and drink, Despacio Spa Centres, Room Service, Minibar, etc. Provided the purchase of these services is included in the room account, the cardholder and/or co-cardholder will earn 2 points for every 3 euros spent. If the bill is in pound sterling, 2 points will be added for each 2.64 pounds sterling spent. When the room account is in Mexican pesos, 2 points will be credited for every 42 pesos spent. The purchase of these services will be charged to the room, except in those hotels which do not allow charging, in which case the accumulation of points to purchase extras will not be possible. The number of points accumulated in the account of the Cardholder and/or Co-cardholder will be calculated based on the net value of the client’s room account, before VAT or any other taxes which may be applicable.

The cardholder and co-holder appearing on the registration form will get points for stays in hotels, not including children for whom a reduced rate is paid.

3.2 The cardholder may not claim points for stays occurring before his / her registration in Club H10.

3.3 To earn points, the participant in the Programme must give his / her Club H10 card number when he / she makes the reservation, when checking in, or during his / her stay in the establishment. The staff of H10 Hotels may ask the participant to provide proof of identity.

3.4 Points are obtained personally by the cardholder, and cannot be transferred or negotiated in any case. In the event that two or more cardholders share a room, only the cardholder whose card number was used to book the stay will get points.

3.5 Points will be credited automatically to the holder’s account on the day of departure from the hotel. In the case of one-off and limited promotions, points will be credited at least once a month.

3.6 Free stays by invitation, stays with special rates for company employees, travel agents or rates not available to the public in general will not earn points. Any promotional rates valid for a specific temporary period will not earn points either, as determined by H10 Hotels.

3.7 To claim points not accounted for, the member of the Club H10 programme must send the claim to the Club H10 Customer Service Centre, giving the client’s name, membership card number, the name of the hotel and the date of the stay, and a brief description of the problem. Claims must be made within three months of the stay. H10 Hotels are not responsible for the documentation sent until its arrival at the Club H10 Customer Service Centre. Claims which are not correctly documented and presented in time will not be processed.

3.8 If, once a claim has been made and agreed, any individual establishment unjustifiably declines to award points or other benefits, H10 Hotels will assume full responsibility for awarding the points.

3.9 H10 Hotels will occasionally communicate which items earn points, as well as any potential special promotions, benefits or courtesies of the programme. The points generated in each transaction will correspond to the days of stay according to the tables currently in force, regardless of possible courtesies or benefits granted by H10 Hotels to limited promotions.

3.10 One point is worth 0.04 Euro in Spain, Italy and Germany. One point is worth 0.03 pound sterling in the United Kingdom. One point is worth 0.68 pesos MXN in Mexico and in the Dominican Republic, one point is worth 2.24 pesos RD.

4. USING POINTS

4.1 Stays in hotels (except those hotels located in Cuba). H10 points can be exchanged for accommodation, purchases in the bar or restaurant, wellness centre treatments, H10 and Daisy merchandising items. These purchases must be made during the stay and are subject to availability and to the value in points of these purchases as communicated by H10 Hotels to members and in its website www.clubh10.com

4.1.1 H10 Hotels reserve the right to establish without prior notice which hotels and periods are “not valid” for stays using points.

4.2 Extra services. Points earned may be exchanged for extra services supplied directly to the client by hotels which are charged to the corresponding room account.

4.3 Merchandising items. Points may be used to acquire H10 Hotels merchandising items.

4.4 Points may only be exchanged during the member’s stay in the establishment, when the services and/or items charged to the room account are paid for at Reception. In no circumstance may points be exchanged if the client is not staying in the establishment, nor can they be exchanged directly at sales points of the establishment such as bars, restaurants, shops, etc.

4.5 To exchange points the cardholder’s account must previously be identified and the account balance checked.

4.6 Any Club H10 points earned will expire after four years from when they are issued, at which time they will be deducted from the member’s points balance. Club H10 members can check their points balance and when their points expire in the member’s area of the Club H10 website (www.clubh10.com).

4.7 In the event of death, a spouse affiliated to the card may assume title to the card (after informing Customer Services) and continue earning and using points. But points may not be transferred from one card to another. After informing Customer Services, the spouse will receive a new card in his /her name (with the same card number).

5. CATEGORIES AND ADVANTAGES

5.1 There are three levels or categories of member, depending on the number of points earned:

Club H10 Card. From the first stay after application.

Club H10 Class Card. From 2,000 H10 points.

Club H10 Grand Class Card. From 4,000 H10 points.

5.2 Depending on the membership category, members can enjoy special services during stays at our hotels. Benefits in all categories: personalised customer service, priority bookings (we will avoid sending H10 Club members to other hotels in cases of over booking), exclusive offers (published on the website or in the monthly online newsletter sent to members by email), the possibility of choosing a room subject to availability (the same category as the reservation and at least 21 days in advance), paying for hotel services with points, welcome gift (box of chocolates for Club H10 or H10 Hotels merchandising if not available). Benefits for Club H10 members: invitation to a welcome cocktail for two people (this will be the H10 cocktail or, if not available, the cocktail of the day). Benefits for Club H10 Class members: Invitation to a bottle of wine or cava (the recommended wine or cava, or if not available the recommendation of the day or the hotel´s selection), daily change of sheets, robe and slippers (for member and companion, left in the room on the day of arrival), Spanish or international newspapers (to be chosen from reception from those available at the hotel), No-rush check out (courtesy room until 6pm, at prior request and subject to availability). Benefits for Club H10 Grand Class members: invitation to a lunch or dinner for two people at holiday hotels (at the hotel restaurant, or if not possible in the Buffet. In all-inclusive hotels, the hotel will offer a different type of free service instead. Holiday Hotels destinations are: Canary Islands, Balearic Islands, Costa del Sol, Salou, Mexico and Dominican Republic.), 20% discount at the Restaurants and Bars in our city hotels (Barcelona, Madrid, Roma, Londres and Berlin), no-wait check-in (subject to availability), Tea and Coffee kettle in room (only in four- and five-star hotels), free mini-bar on day of arrival (only in four- and five-star hotels). Includes 2 waters, 2 Coca Colas, 2 fruit juices and 2 bags of crisps). .

5.3 All Club H10 members registered in any of the three categories (Club H10, Club H10 Class or Club H10 Grand Class) will receive a 5% discount on all bookings made through the H10 Hotels website, www.h10hotels.com, or through the Members’ Area on the Club H10 website, www.clubh10.com.

6. PROTECTION AND MODIFICATION OF DATA

6.1 H10 Hotels is committed to the appropriate use of personal data provided by programme members. All information provided is used for the sole purpose of analysis and design of marketing activities within H10 Hotels, such as the development of the Club H10 programme, as set out in Data Protection Law (Ley Orgánica de Protección de Datos). On signing the registration application or using the programme membership card. The cardholder expressly accepts these clauses.

6.2 H10 Hotels is committed to fulfilling its obligations regarding the privacy of programme members’ personal data and to its duty to protect them, taking such measures as are necessary with the technology available to prevent unauthorised change, loss, processing or access.

6.3 H10 Hotels will periodically send programme members information on current promotions, benefits and services. The address and sending method will be those provided by the member on their registration form.

6.4 The member may make any changes to his / her personal details through the programme’s web page or by giving written notice to the Club H10 Customer Service Centre.

7. CANCELLING MEMBERSHIP

7.1 The Cardholder may cancel his / her membership of the Club H10 programme by giving written notice to the Club H10 Customer Service Centre. From the moment notification is received, the cardholder will no longer receive information about the Club H10 programme and his / her points account will be closed.

7.2 The abuse or fraudulent use of the card will result in membership of the Club H10 programme being automatically cancelled along with any points on the account.

7.3 The promotions and their payment conditions offered by this system are exclusive after a previous identification of the user and are only valid in this context. Any acts against the conditions of the present programme can lead to refusal of further use.

8. GENERAL POINTS

8.1 If any information given in the account statement is incorrect or the member has any query about current promotions, he / she may contact the Club H10 Customer Service Centre to correct or clarify the information.

8.2 H10 Hotels reserves the right to cancel or change the rules and offers of the Programme at any moment without prior warning.

8.3 If the Programme is cancelled, the members will have a period of 6 months to use their H10 points. After this period, the points will be considered cancelled.

8.4 H10 Hotels may not be not held responsible if it is not possible to continue the programme for reasons beyond its control or due to legal changes.

8.5 References to H10 Hotels in respect of the Club H10 programme are understood to mean the group composed of Corporación H10 Hotels, S.L. and its associated or connected companies.

8.6 These General Conditions will be applied in accordance with Spanish laws and regulations.

8.7 Any disputes that may arise related to the present contract will be subject to the appropriate courts of law in Barcelona.

8.8 These General Conditions will be in force from 23rd November 2007.